Can an emotional manipulation of facts really trump the best interest of a child?
In today's society, many tools are available at just a click of whatever device one may be using to access Internet. We can launch a nationwide boycott from a phone or stir up the emotions of thousands by telling our perspective of a story to gain support. This is exactly what has happened in the case of Veronica Brown.
Veronica is the biological daughter of Dusten Brown. She was relinquished by her mother for adoption at birth. Her father and her tribe, the Cherokee nation were not given the opportunity to appropriately intervene until Veronica was already in another state and in the custody of the couple wanting to adopt her.
Fortunately for Veronica and her family, she is protected by a federal law known as the Indian Child Welfare Act. Passed in 1978, this act ensures that native American children remain with their biological families whenever possible.
In an interview, Veronica's biological mother, Christinna Maldonado stated she cut contact off from the father while she was pregnant in an attempt to test him.
Dusten Brown intervened and asserted his rights as Veronica's father. He filed in the State of Oklahoma by the time Veronica was 4 months old, well within his legal time limit. He found out, days before being deployed, that his daughter was living with strangers over 1000 miles away. The legal battle was on.
According to Oklahoma records, Dusten was able to prove paternity but the counsel for the couple made the decision to fight Dusten's rights and requested jurisdiction be moved to South Carolina since that was currently where Veronica resided.
The good news is that even in South Carolina, Dusten was able to win the right to his daughter but the appeals were endless and dragged out by the couple that were intent on keeping his daughter.
At the age of 27months, with appeals exhausted, Veronica was finally able to go home to her dad, big sister, and grandmother. You would think this was the happily ever after but it was really the beginning of a nightmare.
The couple had a friend that ran a marketing firm. Dubbed by the media as their "spokeswoman", a Facebook page was started along with a website and twitter account. Fundraising efforts to raise money for the couple's legal counsel ensued.
From bracelet's to Veronica Rose perfume, all imaginable marketing angles were covered. What resulted where thousands of supporters for the couple that heard about this sweet little 27 month girl that was "taken" from the only home she had ever known. Angry supporters often referred to Dusten as the "sperm donor" on the Facebook page that claimed they needed to "save" her from her dad. Death threats and kidnapping threats came in from all over the United States. Supporters of Dusten and Veronica, including myself, received hate filled emails that went so far as to suggest we should kill ourselves. A brick with the initials of the facebook page (SVR) was thrown threw the window of the big sisters bedroom. The media had successfully kidnapped the emotions of people nationwide. Dusten was viewed as a horrible person rather than the loving dad that just wanted his daughter home.
The national organization that supports and educates in ICWA, the National Indian Child Welfare Association, put together a document that asserted the facts verses what the couple and marketing efforts put out there.
The problem is the emotions that had already been evoked. It seems everyone has a stake in this case. From adoption agencies to foster care agencies to father rights advocates. The fight was fought all the way to the Supreme Court of the United States who is expected to hear oral arguments in April 2013.
In the meantime, the media fight continues with both sides very adamant that they are right. While some child advocates may have valid examples where ICWA could work better, so can cases be seen where ICWA did it's job. In the ruling from South Carolina's Supreme Court, it is very clear that Veronica should have never made it out of the State of Oklahoma. Several procedures and laws were not efficiently adhered too, including that fact that a native American child can not legally be relinquished and removed until they are 10 days old. This didn't happen for Veronica .
I can understand a couple's desire for a child, I can understand the frustration at facing so many obstacles to adopt and as a former foster parent, I can understand the loss of returning a child. Should any of those emotions be able to outweigh and decide the best interest of the child? How hard would it have been to directly contact Dusten BEFORE making plans to be in the delivery room with Bio mom at the birth? We can't skip steps in an adoption attempt and then launch a nationwide emotional outburst that can be detrimental to the childs well being, or can we? Already stabilized in her home, will Veronica really be removed from her dad or will the Supreme Court be able to see past the emotion that has clouded the judgement of thousands that fell in love with a little girl whose picture was plastered everywhere?
As a Christian, I just have to pray for God's will and everyone involved to somehow find comfort and peace.
*all content is my Opinion and any facts can be searched through court records or at NICWA.org where several fact checks for this case
are available
